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HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]

Vidushi Sahani
12 Aug 2016 6:28 AM GMT
HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]
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The Delhi High Court dismissed an appeal filed by the victim’s mother u/s 372 CrPC challenging the acquittal of the accused in a rape case. The trial court had exonerated the accused on account of death of the victim prior to her examination and in absence of any crucial testimony.

Justice S.P.Garg clarifying its stance, considered all available material evidence in the Case that could connect the respondent to the crime. The deceased (who was a major at the time of the incident) and the accused were living together in a rented space and maintained intimate physical relationship. There is evidence of pregnancy and its reported termination on two such occasions without intimating their parents.  As the relationship could not turn into marriage, a possible discord led the victim to lodge a comprehensive written complaint against the accused. She however later decided not to pursue it. She also made her intentions clear in a letter to the SHO, informing him of a settlement between the two. However, no material evidence existed as to any marriage promises made by the accused to the victim.

The doctor in medico-legal examination ascertained the absence of any external injuries on victim’s body including private parts to infer forcible rape. She declined to say if the victim was pregnant at the time of conducting ultrasound.

Admitted position is that the prosecutrix on whose complaint, the FIR was lodged expired before her examination as a witness during trial. There was no other incriminating material to connect the respondents with the crime. The Trial Court in its wisdom closed the further prosecution evidence and acquitted the accused.” observed the court.

The judge upheld the trial court Judgment in the case and dismissed the appeal due to lack of any substantial incriminating evidence against the accused.

Read the Judgment here.

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